Reading Room Document
Assertion of Executive Privilege Over Deliberative Materials Regarding Inclusion of Citizenship Question on 2020 Census Questionnaire
The President may assert executive privilege over "priority documents" relating to the Secretary of Commerce's decision to include a citizenship question on the 2020 decennial census questionnaire that the House Committee on Oversight and Reform has demanded as responsive to its subpoenas. The "priority documents" all involve pre-decisional deliberative material, attorney-client communications, or attorney work product. The President may make a protective assertion of executive privilege over the remaining subpoenaed documents to give time for the Departments of Commerce and Justice to determine whether any remaining documents may be subject to privilege. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/olc/file/1350186/download.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit